‘Patriarchal And Misogynistic’: Delhi High Court Takes A firm Stand On Argument on Age in Marriage

Resounding condemnation has been passed by the Delhi High Court, declaring itself unruffled with the argument that a woman is supposed to pre-vision various to-be-married related indicators merely because she is older in age than her partner. “This argument is patriarchal, misogynist, and devoid of legal support, besides creating an unfair burden on the woman and releasing the man from the consequences of his promises,” commented the court.

Court Upholds FIR Against Accused Man

Justice Swarana Kanta Sharma, in a judgment delivered on March 20, refused to quash an FIR lodged against a man accused of raping a woman under the false pretense of marriage. The court emphasized that a woman’s decision to enter into a relationship based on a man’s specific promises could not be dismissed as mere “obsession” when he later refused to fulfill his commitment.

“The submission (of the man’s counsel) that a woman must assume additional responsibility and foresee marriage-related difficulties solely because she is elder to her partner is based on a patriarchal and legally flawed premise,” Justice Sharma remarked.

She further stated, “Such an argument not only lacks legal standing but also reflects a misogynistic perspective that seeks to impose an unreasonable burden on the victim while absolving the petitioner of accountability for his own assurances and conduct.”

Allegations and Case Details

The case involves allegations that the man forcibly engaged in physical relations, including unnatural sex, with the woman between 2018 and 2021, all while assuring her of marriage. The woman, who worked as a colleague of the accused, claimed that he repeatedly assured her they would build a future together and even advised her to reject other marriage proposals.

According to her statement, she had also financially assisted the man on multiple occasions. However, over time, his behavior changed, and he started avoiding her. When she confronted him, he refused both to marry her and to return the money she had given him. Feeling deceived and betrayed, she lodged a police complaint against him in May 2021.

Defense Arguments and Court’s Response

The accused man’s counsel argued that the relationship was consensual and that the woman was aware of potential obstacles to marriage, including financial constraints and family opposition, particularly due to their age difference.

The court, however, rejected this defense, asserting that considering the prima facie material on record and the seriousness of the allegations, there was no justification for quashing the FIR at this stage. The man’s petition was dismissed, and the case will proceed as per legal proceedings.

Legal and Social Implications

This ruling by the Delhi High Court underscores the legal system’s stance against gender-biased arguments that seek to place undue responsibility on women in relationships. The judgment reinforces that a man cannot escape accountability for his assurances and actions simply by arguing that a woman should have “foreseen” difficulties due to their age difference.

With the case set to continue, it remains a significant legal precedent in addressing consent, responsibility, and false promises in relationships.